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01.14.2007 | 34 Comments

Administrative law in Germany follows three basic principles. The Verwaltungsverfahrensgesetz VwVfG, which was enacted in 1977, regulates the main administrative procedures of the federal government. It serves the purpose to ensure a treatment in accordance with the rule of law by the public authority. Furthermore, it contains the regulations for mass processes and expands the legal protection against the authorities. The VwVfG basically applies for the entire public administrative activities of federal agencies as well as federal state authorities, in case of making federal law. It defines the administrative act, the most common form of action in which the public administration occurs against a citizen. In addition to the regulation of the administrative procedure, the VwVfG also constitutes the legal protection in administrative law beyond the court procedure. The preliminary proceeding gives each citizen, feeling unlawfully mistreated by an authority, the possibility to object and to force a review of an administrative act without going to court. Therefore, it is necessary to have the existence of a conflict in public law without any constitutional aspects and no assignment to another jurisdiction. Before going to court, citizens must usually first object to the decision with the administrative body who made it. This is called "bezwaar".

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01.14.2007 | 16 Comments

Federal rulemaking requirements provide that agencies publish proposed rules in the Federal Register and accept comments before promulgating a final regulation. When the rule is final, it is published in its entirety in the Federal Register. The print edition of the Federal Register Index is located in the Reading Room. Additionally, the Federal Register is available electronically at any of the Reading Room public computers through subscription databases including HeinOnline, 9 , and LexisNexis Library Express, 9; it is also available free online through FDsys, . General and permanent rules that appear in the Federal Register are also published in the Code of Federal Regulations CFR, which is the codified form of rules and regulations issued by federal agencies. The CFR is arranged by subject and has fifty 50 titles or subject areas.